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Hi, Our landlord has just got planning permission for a new house to be built in our garden. We were told orginially that this was to be a long term investment and that we would be able to renew. Assuming that we can stay a bit longer does the right to enjoy peaceful use of the tenancy stretch to the garden so can I refuse to let anyone enter the garden (and thus view the plot) unless I get a rent reduction etc. Grateful for info. Thanks

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Hi, Our landlord has just got planning permission for a new house to be built in our garden. We were told orginially that this was to be a long term investment and that we would be able to renew. Assuming that we can stay a bit longer does the right to enjoy peaceful use of the tenancy stretch to the garden so can I refuse to let anyone enter the garden (and thus view the plot) unless I get a rent reduction etc. Grateful for info. Thanks

All depends on what is in your tenancy agreement. If the LL retained all rights of access to a bit of the property (for example, if there is a shed / garage at the bottom of the garden where he keeps various tools etc) possibly not. If the agreement refers to the garden as part of the letting, he hasn't a leg to stand on.

He may just have got planning permission in order to increase the value of the property when he comes to sell - he's got several years before it expires.

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Did you look at the plans? They should be available for you to view still on the council's website. If you've not already then I'd look now.

It's probably only the same as next door building so you might not be disturbed too much - but it can affect your water supply, telephone if cranes get in the way, noise early in the morning, lack of parking spaces.

In the long term if your garden space is reduced and parking made worse you will have to discuss a rent decrease.

Or more.

Or threaten to. If he's going to build he would probably rather have a pair of eyes acting as security on his building site and might reduce your rent if you stay.

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It all depends on whether you have any right to use the garden, and if so, what rights.

Chances are that if your property is a house and the tenancy is silent on the issue of the garden, or any reservations, the landlord has demised (ie: let) all parts of the property to you. As such, you would be in exclusive possession of the garden and have the right to treat anyone, including the landlord as a trespasser.

If the property is a flat with a shared or communal garden, then the situation is less clear cut because if your landlord is a freeholder of the building, then he might have retained rights over the garden.

In either case, if he begins to build on the land over which you have rights (whether exclusive possession or merely a right to use the garden), then you might be able to obtain an injunction prohibiting any building until you have given up possession. However, injunctions are discretionary remedies and if you only have a short time left to run on an AST, the Court may well take the view that damages for your loss of enjoyment are sufficient. Damages would probably be quite modest as IIRC, in such circumstances damages are assessed at the price someone would be willing to sell their rights for, not at the "ransom" value of the rights.

Edited by agent46

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Yes, legally and morally, HPCbeliever has right to quiet enjoyment of his/her garden.

Now let's be practical. I assume from the way the situation has been described that the tenancy is an AST with little statutory protection. This being the case, its largely the law of the jungle that applies in the longer term.

If the LL wants to develop the property, he has the ultimate right under s.21 to get this property back at the end of the tenancy, or within a couple or months or so, if periodic.

Forget rights for a second, treat it as a market. HPCbeliever, do like the property so much, you want to stay on?

If so, come to an amicable deal with your landlord perhaps at a reduced rent for lack of amenity of the smaller garden.

If you can't come to a deal, then there's no future in the tenancy as LL can decide not to renew.

Legally, the deal has changed if the LL now wants to use part of the property for development.

If negotiations have failed, then yes, you can enforce your rights as agent46 so carefully describes. But these rights are somewhat illusory and temporary as the LL can decide to evict if you kick up too much sh*t.

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  • 292 Brexit, House prices and Summer 2020

    1. 1. Including the effects Brexit, where do you think average UK house prices will be relative to now in June 2020?


      • down 5% +
      • down 2.5%
      • Even
      • up 2.5%
      • up 5%



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